respect of the customs and other duties this of prohibiting foreign trade would be.--My second answer is, that this cannot be done but in time of war, and imminent danger, and that therefore this objection will not be seasonable till the other be put in execution. The last objection is, that in divers old charters of liberties and exemptions, the patentees are freed de Danegeldo et Navigio, hereby is implied right. -My answer is, from the same charters it may as well be inferred, the subject is bound to make and repair the king's parks and houses, and to make up new bridges, and divers other things; these charters of exemption freeing thetab operationibus omnium regalium parcorum et pontium,' and from divers other things which by law the subject is bound unto. My lords, for the precedents that, from matter of fact and charge, may be brought for proof of the use and matter of fact, as I do not profess to know them all, so if I did, yet time would not permit to give a particular answer to each of them; I shall therefore offer these general answers to them: not to be charged, which is the very case of the defendant, I shall cite to your lordships express precedents. Clause 13 Ed. 3, M. 14, par. 2, the town of Bodmin in Cornwall discharged of ships, because indicta villa portus non est et longe a mari et distat,' and hath not used before-time to find shipping, and an inquisition awarded to inquire of these particulars; whereby it appears, that the inland counties had not so much as de facto been usually charged with ships. Rot. Fra. 21 Ed. 3, M. 17, those towns quæ naves non habent, et quæ aliis naves habentibus contributoria non existunt,' that they should be discharged; it appears thereby that some towns that are members of great sea towns, are contributory to shipping, and other inland towns are not contributory, 2 Pars Rot. 2 Rich. 2, M. 42, in which 51 Ed. 3, is recited, whereby it is likewise recited, that the burgesses of Beverly had, by their petition in parliament, complained, that their town is in loco arido et a mari,' that ad sinistram procurationem quorund' machinantium ipsos indebite præ gravare ad contribuend' hominibus de villa de Kingston super Hull,' to the making of a barge per mandatum regis;' now they pray⚫ de om'nibus et singulis hujusmodi oneribus insolitis, to be discharged by their charter; and it appears they are discharged accordingly, and this now exemplified, 2 Rich. 2. 6 Pas. 48 Hen. 3, ad comm' Pas. 49 Hen. 3, propter turbationem nuper habitam,' there were no sheriffs in aliquibus comitatibus,' 48 Hen. 3, and those that were non poterint sic facere quæ ad officium vic' pertinebant.' The most of them, or all of them, are for charging the sea-towns, and haven towns which have ships, and many great privileges, and are infranchised for that purpose, as is declared in the Parliament-Roll of 13 Ed. 3, M. 11, before cited. These that are to find ships, besides the main prescription for wrecks and benefit of To those of 48 Hen. 3, both for taxes for solfishing, are discharged of arrays and defence at diers and for shipping, I shall give a particular land, as appears not only by the Parliament- answer, that it was then tempus belli,' when Roll, but by the Scotch Roll 10 Ed. 3, M. 28, the courts of justice were shut; for the comdors. The town of Shoreham, in the county mission went out after April, and in the Red of Sussex, time out of mind had found ships, Book fo. 241. 6, it was tempus belli' from 4 and therefore, being by the commissioners of Sep. 48 Hen. 3. until the 10th of Sep. 49 Hen. aray taxed to arms for the land-service, a Su-3, and that the courts of justice were shut up, persed' for that cause awarded. Iter Sussex, appears 49 Hen. 3, Rot. 4. • Comm' Scaccario 7 Ed. 1, Rot. 63, dors. William de Bruce, lord non fuer' Barones residentes in Scaccario, of Shoreham, upon his claim adjudged, that ad all the customs of merchants at Shoreham belonged to him. Rot, Pat. 26 Ed. 1, M. 16, the town of Yarmouth, pro servitio navium impenso et impendendo,' are discharged of all subsidies granted in parliament, pro corporibus navium, et attito: et communia Trin.' 31 Ed. 2, Rot. 30. The town of Baldsey, in the county of Sussex, for the same cause discharged by judgment of the court. Iter Kant. 21 Ed. 1, Rot. 44, dors. Certain land-holders within the Cinque-Ports have Taillage de • quolibet homine applicante,' upon their lands. Petitions 1 Ed. 3, Rot. 9, Office de Pat. In consideration of the charge of providing ships, the town of Southampton petition, that their privileges of having customs within their ports be confirmed to them; that they had these, appears Hil. 13 Hen. 4, Banc Regis Rot. 39, where they are indicted for extortion, for taking more custom than was due. Rot. Parl' 45 Ed. 3, the commons pray, that the franchises of the sea towns and havens may be allowed them as heretofore, and that by default thereof the navy of England is much decayed, to the disassurance of all the realm, if need should be. That these that are not maritime towns ought To the commissions 30 Ed. 1, M. 9, in the Patent Roll, de puniendo homines' that refused, it is quia ad rogatum mittere non con'cesserint' so many ships. And if a by-law were good to bind them, as is before proved, as well as their own promise, it may be so; but I have never seen any legal proceedings against any of those that refused at that time, save only against the Cinque Ports that are summoned by their service. P. 33 Ed. 1, Banc. Regis Rot. 82, against Seaford, as a member of the ports; and the charge is, that per servitium ' tenentur invenire unam navem.' For those of Ed. 3.'s time, his reign, for the most part, was a time of war; and that the offensive brought a defensive upon the kingdom, is plain. Walsingham saith, page 119, 131, that 10 Ed. 3, the French burnt Southampton. And Stowe, page 234, says, that Ed. 12. 3, they assaulted Southampton, and burnt part of Plymouth. 13 Ed. 3, they assaulted the isle of Wight. Rot. Parl' 13 Ed. 3, pars 1. M. 9, that they had done much mischief in the westcoasts, and conquered the isle of Guernsey. Rot. Sco. 10 Ed. 3, M. 5, dors. and M. 2, and all the ports of England were shut up. statute of 14 Ed. 3, cap. 1, against any charge to be laid upon the subject without assent in parliament; but afterwards they complain in parliament, 15 Ed. 3, M. 9, that their goods were seized, and their bodies taken without any suit commenced against them, contrary to Magna Charta, and the statutes and ordinances made thereupon with so much discretion of their ancestors; and in particular in the Parliament-Roll of 22 Ed. 3, M, 4, for the guarding of the sea, and in 36 Ed. 3, M. 9, and 37 Ed. 3, M. 2, as before in 15 Ed. 3. My lords, in these years wherein most of these writs issued, the great danger appears; and yet that the charge laid upon the county was by by-law and agreement, I shall cite to your lordships the Scotish Roll, 10 Ed. 3, M. 3. The French riding at anchor at the isle of Wight, the king sends divers privy-counsellors to Dover, and commanded all the officers, masters of ships, mariners and inhabitants, from the Thames mouth to the West, to come thither, ad tractand' with those lords of the council for the defence of the sea by ships; and in the record it is cited, that notwithstanding the king's former command, hactenus quicquid 'non facer' impress',' the writs for shipping issued before and were not executed; and therefore now a commission, if so it might be done with consent. 20 Ed. 3, other writs went out, Rot. Franc. pars 2, M. 24, 20 Ed. 3, a writ to Yarmouth propter pericula maris' to stop up their haven, and Rot. Franc. pars 1, M. 19. that no fishermen go out to sea.-I shall endeavour a particular answer to this. Claus. 10. Ed. 3, M. 23, the writ says, that valida defen-Tallagio non concedendo.' sionis super mare solvi non solebant temporibus progenitorum' of the king. To this I shall give this answer, that these wages were demanded before their time of going to the service; and the record is, hujusmodi vadia have not been paid. My lords, if this answer be not sufficient, my second is by denying the thing; for besides that of 15 Johan. in that time of necessity, the ships were to serve ad liberationes et ad stipendia regis; and 46 Hen. 3, M. 4, both in Ed. 1, Ed. 2, and this king's time before the tenth year of his reign, wages for defence were frequently paid.-My lords, because I know not how far this will be stood upon, I shall spare the citing of any of them, and to this purpose shall cite to your lordships only this case. It is amongst the parliament petitions 1 Ed. 3, and transmitted into the Exchequer, Hil. 2 Ed. 2, dors. The fishermen upon the coasts of Yarmouth, 20 Ed. 2, were daily robbed and killed, and for rescous of them, those of Yarmouth were commanded to set out some ships to sea; and Adam Bridlington, the king's clerk, sent with 300l. to set out this fleet, which the men of Yarmouth intended they should have as wages for the voyage; but the clerk would not let them have above 230/, and that as money borrowed of the king, and for this they gave their bond of repayment thereof. 1 Ed. 3, they complain in parliament, and pray that they may be discharged of the 2301. and that the bond may be cancelled; which is adjudged accordingly, and transmitted into the Exchequer for a trial, whether the service was done or not.-My last answer to these precedents is, that the matters of fact in these years, to the violation of the subjects rights, procured pon fresh suits, not only the before-mentioned My lords, I now come to the last thing, which is the Proofs in the point, which I shall humbly offer to your lordships. The first authority that I shall offer unto your lordships is the Patent-Roll, 26 Ed. 1, M. 21, whereby I shall endeavour to prove to your lordships these two things:-The confession of that king and his council, that he was so far from having power to tax the people for the custody of the sea, as that he is bound to make satisfaction for any thing taken from the people for this purposc. The second, that the charges laid upon the people for the custody of the sea, were the principal grievances that occasioned the making of the statute of 25. Ed. 1, and the statute of For the first that the king declares that be had a desire to redress the Grievances made to the people in his name, and instanceth what they were, veluti de rebus captis in ecclesiis, 'et de aliis rebus captis et asportatis tam de ' clericis quam de laicis, sive pro custodia maris vel alio modo quocunque;' whereby, my lords, there is an acknowledgment that it is grievance, and to be redressed, to lay any tax upon the subject for the defence of the sea.-Commissioners are there named throughout all England to enquire of these grievances; herein they are to proceed according to certain instructions from the king and the council, which are these three: First, Whether the things were taken without warrant; and if so, then the party that took the goods is to make satisfaction, and further to be punished for the trespass. Secondly, If there were no warrant allowed, then the officer was to make satisfaction. Thirdly, If all were done according to and in pursuance of the warrant, and no more; then what upon certificate thereof is, the words are et enferra tant que il se fienera appais pur reason: The king hereby promiseth, that whatsoever things were taken from the people by any command of his for the custody of the sea, that he will make reasonable satisfaction to the party for such things. 6 My lords, for the second thing, that is, that these grievances occasioned the making of these statutes, is clear from the words of the patent; for they were made post guerram inter regnum 'et regem Francia;' which, as appears by the Case of the Abbot of Robertsbridge, were from the 22d to the 25th of Edward the first, and by all our historians, and many records. It ap pears likewise, by those other words, that the king, before his going into Flanders, intended to have remedied those Grievances; he went over in Sep. 25 Ed. 1, and the statute 25 Ed. 1, was made the 10th of Oct, after. Hence likewise it follows, that the exception of the king's antient aids and prizes, mentioned in the statute of 25 Ed. 1, extends not to this of charging the people to the custody of the sea, that being one of the principal grievances that occasioned the making of it. That the same grievance caused the making of the statute De Tallagio, &c. I have before offered to your lordships. : My lords, the next authority which I shall present is the Communia Hil. 23 Ed. 1,Rot. 77. There the king commanded 30 gallies to be made by several great towns, every galley was to have 120 men a-piece; these were pro defensione regoi et securitate maris.' My lords, the cases are many in the Exchequer, where the money for making these gallies was recovered against the king. I confess my lords, that the king had promised payment to those that made them, which I shall thus submit to your lordships That in case the king might have commanded the making of them, at the charge of the towns, that then the king's promise was but nudum pactum, for promising of payment for that which by law they might have been forced to do, and so the payment rested only the king's grace and good pleasure But, my lords, upon suits in his own time, and in the times of Ed. 2, and Ed. 3, the monies for making these gallies were received by several towns, M. 29 Ed. 1, Rot. 29, dors. for York, M. 31 Ed. 1. Rot. 77, Ipswich and Dunwich. P. 5 Ed. 3, Rot. 31, for him prout justum fuer'' nothing having been paid before. Bract. M. 16 Ed. 2, Rot. 14, both for the galley made at Southampton, and the bringing her to Winchelsea, at their own charge, Præcept. P. 1 Ed. 3, all the money from Southampton not being paid, now ordered that it should be paid. My lords, the next authority that I shall present to your lordships is the Parliament-Roll, 13 Ed. 3, pars 1, M. 9 & 11. The causes of calling the parliament are declared to be these : First, the keeping of the peace. Secondly, the defence of the marches. Thirdly, the safeguard of the sea, that the enemy might not enter the realm to destroy it. These were the three points for the coininons to advise on, which are put into writing, and entered upon the roll. My lords, by the articles themselves propounded on the king's part, it appears, That the commons are not chargeable to the guarding of the sea; and they pray, that this advice of theirs may not be prejudicial to them to bind them thereunto, and that there are ships enough in England to do it, if the people were willing. M. 11. The commons afterwards in debating of these articles, when they came to this of the sea, notwithstanding the caution before, they are afraid, that if they should debate it, it might imply, that they are chargeable to do it; and therefore they protest against giving any advice therein, as a thing whereof they have no Cognizance; and do further declare, that the Cinque Ports, and other great towns, that have franchises, are bound thereunto, that they should do it. And therefore the merchants, masters of ships, and mariners, throughout England, are summoned to be at the next parlia ment for advice about shipping. My lords, the next authority is the Parlia ment-Roll, 22 Ed. 3, M. 21. The commons petition in these words, que le guard de la mere se face descries res soit le guard fit man ad refait amant vis senois ut semble que melliur guard ne poit estre fait que le Roy ne fait ne qu'il demeritissent de la sur la guer et par 'de fair de c'est ter.' The commons having formerly granted the king divers Aids and Subsidies upon Wool, Wool-fells, and Leather and otherwise, for the guarding of the seas, they now grew weary of it, and desire, that the king himself from thenceforth should bear the whole burden, and charge him with his promise to that purpose. My lords, this Petition, though in the name of the commons, yet the lords joined in it; for otherwise all acts of parliament of those times being made upon Petition and Answer, should be without the lords assent. Hence it appears, that the whole kingdom, at this time, was so fai from thinking that the king could charge them, without their consents, to the guarding of the sea, as that they alledge, the king himself ought to bear the whole charge. Neither doth the king deny his promise, nor wholly deny the thing; for though he saith, it should be done as it hath been done before, yet it is with a qualification, because the sea cannot be better kept than he hath kept it, by reason of his being so often at sea in person, in going and returning from France, and diverting the enemy by his wars in France. If the king had given his absolute denial, yet here is the judgment of both houses of parliament express in the point. Rot. Francia 21 Ed. 3, pars 2 M. 9 & 11. The merchants had granted 2s. 8d. upon their goods till Michaelmas, for providing 120 great ships pro secura conductione navium et mar'chandizarum, et pro defensione ceterarum maritimarum partium regni, et aliis periculis his guerrinis temporibus regno imminentibus.' This grant being made, the king alledging that this was not sufficient for the service, and to remove the causes of the stopping of the trade by reason of the wars; the king now lengthens out the same from Michaelmas to Easter following; and to satisfy the people, the king by his proclamation declares, that the 28. 8d. shall cease at Easter, according to the grant; which, as it should seem, not satisfying the people, or the king continuing the taking thereof, the commons in parliament, 22 Ed. S, M. 16, pray that it may cease, and that by procurement of no merchant, pluis largent soit continue." An imposition but for half a year, and that upon merchandize, and by consent of the merchants for the defence, yet taken off upon complaint. The Answer is, that it should cease. My next authority is the Parliament-Roll 2 Ric. 2, pars 2 M. 5, before cited, where the great council and sages of the kingdom resolve, volents des Seig' et les Commons de realme 'et ceo a novel grant faire in pleine Parlia 'ment.' Rot. Pari' 6 Hen. 4, M. 12, and Rot, Parl' 1 Hen. 5, M. 17, the same protestation as before. that the commons are not chargeable to the de-regates, ou safegard del mere sans soit per le fence of the realm without parliament; which extends to this particular of the sea, for the present preparation, whereunto the commons are not chargeable, was for defence at sea; and therefore the money lent was to provide an army for the sea, 'en defence et salvation del dit Royale et de la Navy et des costiers del 'mere.' My lords, the next authority is the Parliament-Roll 2 Hen. 4, M. 22. Commissions to charge the people to make ships for the defence of the realm without consent of parliament, repealed by the king and the whole parliament for that very cause. Item pur ceo quere tarde divers Commissions fueront foist an divers cities burroughs et villages du royalme pur faire ccitaines Barges et Ballingers sans assent du Parliam' et ont mt' pr' nad estre fast devant ces hents' nr' les Commons pray nr' sor' le Roy que les <ditz Commissions soient repeals et que ils ne soient forces ne fait a quore loir fuit respons' que le Roy vest que in les Commissions soient repeals in tout points mes pur le grand necessity que ad des tiels vessels pur defence du royalme in case que les quens sint priment le Roy vost communer de rest matter ouesque les Snrs' et puis apres le mre' al' dits Com'mons pur intisuner loir councel et advise tiel 'party. The first commission's repealed, because the commons were not chargeable with out a parliament. And now the king will put it in a parliamentary way, by doing it with the assent of the lords and commons. My lords, that the charge of the defence at sea, and that in a large proportion, by reason of the before-mentioned duties, is to be borne by his majesty, I conceive that it will not be denied; that in subsidium and aid of his majesty therein, the commons are not chargeable without their consent in full parliament. In these three records there are not only these protestations of the whole realm being made by the lords and commons, but likewise the king's consent by accepting the things granted, and that without any qualification of the protestations. Those protestations, that they are not chargeable to the guarding of the sea in a certain way, as are 10ths and 15ths, do much more fail in a way uncertain as here. My lords, my next proof is from the practice of former kings in their frequent demands of aids from parliaments for the defence of the sea, as well before the statutes of tonnage and poundage, as then and since; moneys borrowed by former kings for ships and defence at sea, and indentures of retainer for that purpose at the king's charge; and not only so, but upon suit allowance in the Exchequer for victuals, mariners wages, anchors, prisoners taken in fights pro defensione, and also other things necessary for shipping when for defence of the realm. Whereupon the same argument may be made in this particular for the sea, as was before for the defence in general. My lords, my next authority is the Parliament-Roll 9 Hen. 4. The cause of the calling the parliament is for the safeguard of the sea, The first thing that I shall press, is that of and of the North Marches; and M. 17, great the Cinque Ports. Their service is certain in mischief shewn for default of keeping the sea; respect of the time, but 15 days in a year; and and M. 21, it is there enrolled by the king's in respect of the charge, but 20 men and a command, that there was communication had master; and the number of ships certain : bebetween the king and the lords for the defence sides that they are discharged of arms for the of the realm, and for resisting of the enemies, land-service, they have likewise divers other who made preparations on all sides; whereunto privileges for the doing hereof; they were free sufficient resistance cannot be provided, unless from all aids and subsidies granted in parliathe king have in his parliament some notablement, and are by privy seals discharged thereaid granted unto him. My lords, the king hereby acknowledgeth, that he cannot without the parliament charge the people for the safe keeping of the sea, that being the principal part for the defence there intended, the same with the summons, that without the consent of the commons' negotia præd' infecta remanerent,' and with the summons in the Close Roll 23 Ed. 1, before-mentioned, Quod omnes tangit per omnes debet supportari.' of. Hil. 2 Ed. 3, Comm' about the end of the roll; they are freed from all tolls, murage and pontage throughout the realm, which bringeth a greater charge upon the rest of the subjects. -My lords, I shall thus offer it unto your lordships: If they that have these privileges shall serve but 15 days in a year, how the others that have no privilege at all, should do it for 26 weeks, as in the writ? Secondly, Their charge is certain in the My lords, the next authority is the Parlia- number of men and ships; how the rest of the ment-Roll 4 Hen. 4, M. 28. The lords spiri- commons that are so far from having any privitual and temporal, and the commons, grant the leges or recompence for it, as that they do conking a Subsidy upon the staple commodities, tribute to this charge of the Cinque Ports, shall, and Tonnage and Poundage, and likewise a as by the way in the writ, be altogether uncerTenth and Fifteenth, with this protestation, tain in the matter of charge, both in the num• Protestant que cest grant in temps avener ne ber of men and ships, and of every other thing. soit point en example de charger les dits Surs'--My lords, I shall press this further, that when ne Commons du royalme de nul manner del the ports exceed their charge in the number of • Subsidy ne 10th ne 15th a les guerris desco- men or ships, allowance by the king is to be made unto them, as appears by the Quire of dated 5 May, 13 Car. to be there proceeded Dover, and Pat. Roll' of 7 Hen. 7, before cit-upon for the levying of the 20s. according to ed, that after the 15 days they were to be at the law and custoin of England: Mr. Hampden the king's charge; so in the Pat. Roll' 19 Hen. appeared, and desired that all the writs might 3, m. 14, because they found 40 men in the be read unto him; they being read, he deship, the king promised payment for all over murred, and Mr. Attorney joined with him in and above the number of 20. Banc. Regis demurrer, and adjourned out of the Exchequer Trin. 33 Ed. 1, Rot. 22, allowance to service into this court, to have the advice of all the in Scotland; the Scots, as appears by Walsing. judges of England. ham, p. 53, and otherwhere, having about that time burnt divers English towns and ships, and a school-house, with 200 scholars in it, Visus Comp. P. 33 Ed. 1, pro ingenti Ro. Scotland P. 34 Ed. 1, Rot. 37, Comin' la Composition. My lords, if the ports who are bound to the defence at sea, when they have performed their service, be not compellable to any further charge, I shall humbly offer it to your lordships, whether those that be not bound at all, froin the same reason, are chargeable at all. Before I enter into my Argument, because the true stating of the question in this and all other things doth exceedingly conduce to the clearing of the thing in question; I shall in the first place, observe the writ, dated 4th August, 11 Car. the ground of this assess, which was directed into Bucks, and others into all the counties of England, and this was for raising aids for ships, for the defence of the kingdom, with a notable circumstance, quia salus regni periclitabatur;' which being expressed in the record, is confessed by the demurrer, and not the great seal in the Mittimus: and in all matters, especially in matters concerning the public safety, the king is Recordum superlativum et præexcellens,' as in the great Case of the earls of Gloucester and Hereford, 20 Edw. 1, so that the question is only this, Whether the king, in his judgment, finding the safety and preservation of the kingdom and people, necessarily and unavoidably to require the aid commanded by the Writ, may not command such aid by the Writ, for saving and preserving the kingdom and people? My lords, I have now done, and shall not further press upon the patience of your lord-only so, but testified by the king himself under ships; I know that nullum tempus occurrit regi;' the disuse thereof, I shall press it no otherwise than that it is an interpretation of the Statute made against all Aids and Taillages in general; and of the complaints of the parliament of 15 Edw. 1, m. 9; 36 Edw. 3, m. 19, and 37 Edw. 3, m. 9, that those statutes had not been kept; and further, as it is an interpretation likewise of the before-mentioned declaration, petitions and protestations against this in particular; and as it is an execution of them, and putting them into practice: Praxis sanctorum,' as the divines say, 'est interpres præceptorum.' The claims which anciently the subjects have made upon the crown, that none of the great officers of the kingdom could be chosen but in parliament, nor that the king had power to sell any of the antient crown-lands; the disuse shews, that those claims of their's were not legal. Br. in his fourth book, fol. 209, saith, that longa patientia trahitur ad consensum.' The non-claims therefore of so many kings and queens I shall present unto your lordships, as so many le voets and declarations of their general consents, that without assent in parliament they could not have laid the like sess upon any of their subjects, as is now laid upon my client. Having stated the question, I shall now discard many things as impertinent to the question, not that I that am sworn counsel for the king, do agree in those things against the king; but that they are not now in question. It is not now in question, What may be imposed by the king upon the subject for Defence, at their charge, for conquest or conservation of foreign countries or territories beyond the seas. Neither is it in question, what may be laid by the king upon his subjects, for vindicating injuries done by foreign princes or states. Neither is it in question, whether arbitrary impositions or taxes may be laid at pleasure upon the subject for the mere increase of the revenue of the king's treasure. Neither, whether in ordinary and common defence, for preservation of the kingdom, though necessary, it may be thus imposed. The first Day's ARGUMENT of Sir EDWARD But the question is, 'Quando salus regni LITTLETON, knt. his Majesty's Solicitor periclitabatur;' in truth, the question is, wheGeneral, in the Exchequer-Chamber, be-ther we can be charged pro salvatione nostr fore all the Judges, on behalf of His MA'et nostror'. Again, it is not in question, wheJESTY, in the Great Case of SHIP-MONEY. ther the subject hath a property in his goods, May it please your Lordships; May 22d last, or can lose them without consent in parliament. issued a Sciri Facias out of the Exchequer to I shall shew that his property shall remain unto the sheriff of the county of Bucks, to warn Mr. him, notwithstanding this assess; and the arguHampden to shew cause why the 20s. should ment on the contrary savours more of malignity not be charged on him towards the finding of a than reason, to say that by this the subject ship of war, with men, munition, and victuals, shall lose his property in his goods. expressed in a writ dated 4 Aug 11 Car. And the sums and the names of the defaulters were certified into the Exchequer by a Mittimus, It was rightly admitted, that the law of property must give place to the law of nature, for the common defence; the levying of a debt |